Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 154 Third Substitute (2017GS)

Sponsor

Sen. Fillmore, L.

Final action

Governor Signed 3/25/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• provides that, for real property governed by a governing document, a governing document may not prohibit or restrict an owner's installation of a solar energy system under certain circumstances;
• provides that a declaration may restrict the size, location, or manner of placement of a solar energy system under certain circumstances;
• provides that an association may, by association rule, restrict an owner's installation of a solar energy system under certain circumstances;
• provides for attorney fees in an action brought under an enacted chapter; and
• provides an applicability date.

Every vote on this bill

Bill text

SOLAR ACCESS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lincoln Fillmore
House Sponsor: 
Francis D. Gibson
LONG TITLE
General Description:
This bill enacts provisions related to restrictions on solar energy systems.
Highlighted Provisions:
This bill:
▸ provides that, for real property governed by a governing document, a governing
document may not prohibit or restrict an owner's installation of a solar energy
system under certain circumstances;
▸ provides that a declaration may restrict the size, location, or manner of placement of
a solar energy system under certain circumstances;
▸ provides that an association may, by association rule, restrict an owner's installation
of a solar energy system under certain circumstances;
▸ provides for attorney fees in an action brought under an enacted chapter; and
▸ provides an applicability date.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
57-30-101
, Utah Code Annotated 1953
57-30-102
, Utah Code Annotated 1953
57-30-201
, Utah Code Annotated 1953
57-30-301
, Utah Code Annotated 1953
57-30-401
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
57-30-101
 is enacted to read:
CHAPTER 30. SOLAR ACCESS
Part 1. General Provisions
 57-30-101.
Title.
This chapter is known as "Solar Access."
Section 2. Section 
57-30-102
 is enacted to read:
 57-30-102.
Definitions.
As used in this chapter:
(1) "Association" means all of the owners of real property subject to a declaration:
(a) acting as a group in accordance with the real property declaration and bylaws; or
(b) organized as a legal entity in accordance with the declaration.
(2) "Board" means the governing board of an association as set forth in a governing
document.
(3) (a) "Declarant" means a person that executes a declaration and submits the
declaration for recording in the office of the recorder of the county where the real property
described in the declaration is located.
(b) "Declarant" includes the successor or assign of the person described in Subsection
(3)(a).
(4) "Declaration" means a recorded declaration of covenants, conditions, and
restrictions.
(5) (a) "Governing document" means a legal instrument that provides for management
or provides restrictions for the real property under the jurisdiction of the legal instrument.
(b) "Governing document" includes:
(i) the articles of incorporation of an association;
(ii) bylaws;
(iii) a plat;
(iv) a declaration; and
(v) rules of an association.
(6) "Lot" means the same as that term is defined in Section 
57-8a-102
.
(7) "Solar energy system" means:
(a) a system that is used to produce electric energy from sunlight; and
(b) the components of the system described in Subsection (7)(a).
Section 3. Section 
57-30-201
 is enacted to read:
Part 2. Limit on Association Restrictions of Solar Energy Systems
 57-30-201.
Governing document -- May not prohibit installation of solar energy
system -- Exceptions.
(1) Except as provided in Subsections (2), (3), and (4), a governing document may not
prohibit or restrict:
(a) an owner of a lot with a detached dwelling from installing a solar energy system on
the owner's lot; or
(b) an owner of a lot with an attached dwelling from installing a solar energy system
on:
(i) a portion of the lot where the association does not have a maintenance, repair, or
replacement obligation; or
(ii) limited common area where the association does not have a maintenance, repair, or
replacement obligation.
(2) A declaration may impose a restriction on a solar energy system's size, location, or
manner of placement if the restriction:
(a) decreases the solar energy system's production by 5% or less; and
(b) increases the solar energy system's cost of installation by 5% or less.
(3) An association may, by association rule, require an owner that installs a solar
energy system on the owner's lot:
(a) to install a solar energy system that, or install the solar energy system in a manner
that:
(i) complies with applicable health, safety, and building requirements established by
the state or a political subdivision of the state;
(ii) if the solar energy system is used to heat water, is certified by:
(A) the Solar Rating and Certification Corporation; or
(B) a nationally recognized solar certification entity;
(iii) if the solar energy system is used to produce electricity, complies with applicable
safety and performance standards established by:
(A) the National Electric Code;
(B) the Institute of Electrical and Electronics Engineers;
(C) Underwriters Laboratories;
(D) an accredited electrical testing laboratory; or
(E) the state or a political subdivision of the state;
(iv) if the solar energy system is mounted on a roof:
(A) does not extend above the roof line; or
(B) has panel frame, support bracket, or visible piping or wiring that has a color or
texture that is similar to the roof material; or
(v) if the solar energy system is mounted on the ground, is not visible from the street
that a lot fronts;
(b) to pay any reasonable cost or expense incurred by the association to review an
application to install a solar energy system; or
(c) be responsible, jointly and severally with any subsequent owner of the lot while the
violation of the rule or requirement occurs, for any cost or expense incurred by the association
to enforce a declaration requirement or association rule.
(4) In addition to the restrictions described in Subsections (2) and (3), an association
may require by association rule that an owner, as a condition of installing a solar energy
system, record a deed restriction against the owner's lot that runs with the land that requires the
current owner of the lot to indemnify or reimburse the association or a member of the
association for any loss or damage caused by the installation, maintenance, or use of the solar
energy system, including costs and reasonable attorney fees incurred by the association or a
member of the association.
Section 4. Section 
57-30-301
 is enacted to read:
Part 3. Enforcement
 57-30-301.
Attorney fees.
In an action to enforce this chapter, the court shall award the prevailing party, in
addition to any other available relief, an amount equal to the prevailing party's costs and
reasonable attorney fees.
Section 5. Section 
57-30-401
 is enacted to read:
Part 4. Applicability
 57-30-401.
Applicability.
(1) This chapter applies to any restriction on a lot owner's installation of a solar energy
system:
(a) described in a declaration, no matter at which time the declaration was recorded; or
(b) created by an official action taken by an association, no matter when the official
action was taken.
(2) This chapter does not apply to prohibition on a lot owner's installation of a solar
energy system:
(a) described in a declaration recorded before January 1, 2017; or
(b) created by official association action taken before January 1, 2017.
Legislative Review Note
Office of Legislative Research and General Counsel